Transcript Texas Health and Safety Cod

Texas Health and
Safety Code
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§ 35.0022. CHILD WITH SPECIAL HEALTH CARE NEEDS. (a) In this chapter, "child with
special health care needs" means a person who:
(1) is younger than 21 years of
age and who has a chronic physical or developmental condition; or
(2) has
cystic fibrosis, regardless of the person's age.
(b) The term "child with special
health care needs" may include a person who has a behavioral or emotional condition that
accompanies the person's physical or developmental condition. The term does not include a
person who has a behavioral or emotional condition without having an accompanying physical or
developmental condition.§ 81.046. CONFIDENTIALITY. (a) Reports, records, and
information furnished to a health authority or the department that relate to cases or suspected
cases of diseases or health conditions are confidential and may be used only for the purposes of
this chapter.
(b) Reports, records, and information relating to cases or suspected cases of
diseases or health conditions are not public information under Chapter 552, Government Code,
and may not be released or made public on subpoena or otherwise except as provided by
Subsections (c), (d), and (f). (c) Medical or epidemiological information may be released:
(1) for statistical purposes if released in a manner that prevents the
identification of any person;
(2) with the consent of each person identified in the
information;
(3) to medical personnel, appropriate state agencies, or county and
district courts to comply with this chapter and related rules relating to the control and treatment
of communicable diseases and health conditions;
35.022 Continued
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(4) to appropriate federal agencies, such as the Centers for Disease Control of the United States Public Health
Service, but the information must be limited to the name, address, sex, race, and occupation of the patient, the
date of disease onset, the probable source of infection, and other requested information relating to the case or
suspected case of a communicable disease or health condition; or
(5) to medical
personnel to the extent necessary in a medical emergency to protect the health or life of the person identified
in the information. (d) In a case of sexually transmitted disease involving a minor under 13 years of age,
information may not be released, except that the child's name, age, and address and the name of the disease
may be released to appropriate agents as required by Chapter 261, Family Code. If that information is required
in a court proceeding involving child abuse, the information shall be disclosed in camera.
(e) A
state or public health district officer or employee, local health department officer or employee, or health
authority may not be examined in a civil, criminal, special, or other proceeding as to the existence or contents
of pertinent records of, or reports or information about, a person examined or treated for a reportable disease
by the public health district, local health department, or health authority without that person's consent.
(f) Reports, records, and information relating to cases or suspected cases of diseases or health
conditions may be released to the extent necessary during a public health disaster to law enforcement personnel
solely for the purpose of protecting the health or life of the person identified in the report, record, or
information. Only the minimum necessary information may be released under this subsection, as determined
by the health authority or the department.Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by
Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, § 7.39, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 198, § 2.173, eff. Sept. 1, 2003.
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§ 81.048. NOTIFICATION OF EMERGENCY PERSONNEL, PEACE
OFFICERS, DETENTION OFFICERS, COUNTY JAILERS, AND FIRE
FIGHTERS. (a) The board shall:
(1) designate certain reportable
diseases for notification under this section; and
(2) define the conditions
that constitute possible exposure to those diseases.
(b) Notice of a positive test
result for a reportable disease designated under Subsection (a) shall be given to an
emergency medical service personnel, peace officer, detention officer, county jailer, or
fire fighter as provided by this section if:
(1) the emergency medical
service personnel, peace officer, detention officer, county jailer, or fire fighter delivered
a person to a hospital as defined by Section 74.001, Civil Practice and Remedies Code;
(2) the hospital has knowledge that the person has a reportable
disease and has medical reason to believe that the person had the disease when the
person was admitted to the hospital; and
(3) the emergency
medical service personnel, peace officer, detention officer, county jailer, or fire fighter
was exposed to the reportable disease during the course of duty.
(c) Notice of the
possible exposure shall be given:
(1) by the
hospital to the local health authority;
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2) by the local health authority to the director of the appropriate department of the
entity that employs the emergency medical service personnel, peace officer, detention
officer, county jailer, or fire fighter; and
(3) by the director to the
employee affected.
(d) A person notified of a possible
exposure under this section shall maintain the confidentiality of the information as
provided by this chapter. (e) A person is not liable for good faith compliance with
this section.
(f) This section does not create a duty for a hospital to perform a test
that is not necessary for the medical management of the person delivered to the
hospital.
(g) A hospital that gives notice of a possible exposure
under Subsection (c) or a local health authority that receives notice of a possible
exposure under Subsection (c) may give notice of the possible exposure to a person
other than emergency medical personnel, a peace officer, a detention officer, a county
jailer, or a fire fighter if the person demonstrates that the person was exposed to the
reportable disease while providing emergency care. The executive commissioner of
the Health and Human Services Commission shall adopt rules to implement this
subsection.Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
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HEALTH & SAFETY CODESUBTITLE C.
SUBSTANCE ABUSE REGULATION AND
CRIMESCHAPTER 481. TEXAS
CONTROLLED SUBSTANCES
ACTSUBCHAPTER A. GENERAL
PROVISIONS § 481.001. SHORT TITLE.
This chapter may be cited as the Texas
Controlled Substances Act.Acts 1989, 71st Leg.,
ch. 678, § 1, eff. Sept. 1, 1989.
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§ 481.002. DEFINITIONS. In this chapter:
(1) "Administer"
means to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the
body of a patient or research subject by:
(A) a practitioner or an agent of the
practitioner in the presence of the practitioner; or
(B) the patient or
research subject at the direction and in the presence of a practitioner.
(2) "Agent" means an
authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
The term does not include a common or contract carrier, public warehouseman, or employee of a carrier
or warehouseman acting in the usual and lawful course of employment.
(3)
"Commissioner" means the commissioner of public health or the commissioner's designee.
(4) "Controlled premises" means:
(A) a
place where original or other records or documents required under this chapter are kept or are required to
be kept; or
(B) a place, including a factory, warehouse, other
establishment, or conveyance, where a person registered under this chapter may lawfully hold, manufacture,
distribute, dispense, administer, possess, or otherwise dispose of a controlled substance or other item
governed by this chapter, including a chemical precursor and a chemical laboratory apparatus.
(5) "Controlled substance" means a substance, including a drug, an adulterant, and a dilutant, listed in
Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight
of any mixture, solution, or other substance containing a controlled substance.
(6)
"Controlled substance analogue" means:
(A) a
substance with a chemical structure substantially similar to the chemical structure of a controlled substance
in Schedule I or II or Penalty Group 1, 1-A, or 2; ora substance specifically designed to produce
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an effect substantially similar to, or greater than, the effect of a controlled substance in
Schedule I or II or Penalty Group 1, 1-A, or 2.
(7) "Counterfeit substance"
means a controlled substance that, without authorization, bears or is in a container or
has a label that bears an actual or simulated trademark, trade name, or other identifying
mark, imprint, number, or device of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or dispensed the substance.
(8) "Deliver" means to transfer, actually or constructively, to another
a controlled substance, counterfeit substance, or drug paraphernalia, regardless of
whether there is an agency relationship. The term includes offering to sell a controlled
substance, counterfeit substance, or drug paraphernalia.
(9) "Delivery" or
"drug transaction" means the act of delivering.
(10) "Designated
agent" means an individual designated under Section 481.073 to communicate a
practitioner's instructions to a pharmacist.
(11) "Director" means the
director of the Department of Public Safety or an employee of the department
designated by the director.
(12) "Dispense" means the delivery of a
controlled substance in the course of professional practice or research, by a
practitioner or person acting under the lawful order of a practitioner, to an ultimate
user or research subject. The term
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includes the prescribing, administering, packaging, labeling, or compounding necessary
to prepare the substance for delivery.
(13) "Dispenser" means a practitioner,
institutional practitioner, pharmacist, or pharmacy that dispenses a controlled
substance.
(14) "Distribute" means to deliver a controlled substance
other than by administering or dispensing the substance.
(15)
"Distributor" means a person who distributes.
(16)
"Drug" means a substance, other than a device or a component, part, or accessory of
a device, that is:
(A) recognized as a drug in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
official National Formulary, or a supplement to either pharmacopoeia or the
formulary;
(B) intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or animals;
(C) intended to affect the structure or function of the body of man or animals
but is not food; or
(D) intended for use as a component
of a substance described by Paragraph (A), (B), or (C).
(17) "Drug
paraphernalia" means equipment, a product, or material that is used or intended for
use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, or concealing a controlled substance in
violation of this chapter
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or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled
substance in violation of this chapter. The term includes:
(A) a kit
used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of
plant that is a controlled substance or from which a controlled substance may be derived;
(B) a material, compound, mixture, preparation, or kit used or
intended for use in manufacturing, compounding, converting, producing, processing, or preparing
a controlled substance;
(C) an isomerization device used or
intended for use in increasing the potency of a species of plant that is a controlled substance;
(D) testing equipment used or intended for use in identifying or in
analyzing the strength, effectiveness, or purity of a controlled substance;
(E) a scale or balance used or intended for use in weighing or measuring a controlled
substance;
(F) a dilutant or adulterant, such as quinine
hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type
material, that is used or intended to be used to increase the amount or weight of or to transfer a
controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of
the controlled substance;
(G) a separation gin or sifter used or
intended for use in removing twigs and seeds from or in otherwise cleaning or refining
marihuana;
(H) a blender, bowl, container, spoon, or mixing device
used or intended for use in compounding a controlled substance;
(I) a
capsule, balloon, envelope, or other
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container used or intended for use in packaging small quantities of a controlled substance;
(J) a container or other object used or intended for use in storing or concealing a
controlled substance;
(K) a hypodermic syringe, needle, or other object
used or intended for use in parenterally injecting a controlled substance into the human body; and
(L) an object used or intended for use in ingesting, inhaling, or otherwise
introducing marihuana, cocaine, hashish, or hashish oil into the human body, including:
(i) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or
without a screen, permanent screen, hashish head, or punctured metal bowl;
(ii) a water pipe;
(iii) a carburetion tube or device;
(iv) a smoking or carburetion mask;
(v) a chamber pipe;
(vi) a carburetor pipe;
(vii) an electric pipe;
(viii) an air-driven pipe;
(ix) a chillum;
(x) a bong; or
(xi) an ice pipe or chiller.
(18) "Federal Controlled Substances Act" means the Federal Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or its successor statute.
(19) "Federal Drug Enforcement Administration" means the Drug Enforcement Administration of
the United States Department of Justice or its successor agency.
(20) "Hospital" means:
(A) a general or special hospital as defined by Section 241.003 (Texas
Hospital Licensing Law); oran ambulatory surgical center licensed by the Texas Department of Health and
approved by the
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federal government to perform surgery paid by Medicaid on patients admitted for a
period of not more than 24 hours.
(21) "Human consumption"
means the injection, inhalation, ingestion, or application of a substance to or into a
human body.
(22) "Immediate precursor" means a substance the director
finds to be and by rule designates as being:
(A) a principal compound commonly used or produced primarily for use in the
manufacture of a controlled substance;
(B) a substance
that is an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance; and
(C) a substance
the control of which is necessary to prevent, curtail, or limit the manufacture of a
controlled substance.
(23) "Institutional practitioner" means an intern,
resident physician, fellow, or person in an equivalent professional position who:is
not licensed by the appropriate state professional licensing board;
(B) is enrolled in a bona fide professional training program in a base
hospital or institutional training facility registered by the Federal Drug Enforcement
Administration; and
(C) is authorized by the base hospital
or institutional training facility to administer, dispense, or prescribe controlled
substances.
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(24) "Lawful possession" means the possession of a controlled substance that has been obtained in
accordance with state or federal law.
(25) "Manufacture" means the production,
preparation, propagation, compounding, conversion, or processing of a controlled substance other than
marihuana, directly or indirectly by extraction from substances of natural origin, independently by means
of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the
packaging or repackaging of the substance or labeling or relabeling of its container. However, the term
does not include the preparation, compounding, packaging, or labeling of a controlled substance:
(A) by a practitioner as an incident to the practitioner's administering or dispensing a
controlled substance in the course of professional practice; or
(B) by a
practitioner, or by an authorized agent under the supervision of the practitioner, for or as an incident to
research, teaching, or chemical analysis and not for delivery."Marihuana" means the plant Cannabis sativa
L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of that plant or its seeds. The term does not include:
(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture,
or preparation of the resin;
(B) the mature stalks of the plant or fiber
produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks, fiber, oil, or cake; or
(E) the sterilized seeds of the plant
that are incapable of beginning germination.
(27) "Medical purpose" means the
use of a controlled substance for relieving or curing a mental or physical disease or infirmity.
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(28) "Medication order" means an order from a practitioner to dispense a drug to a
patient in a hospital for immediate administration while the patient is in the hospital or
for emergency use on the patient's release from the hospital.
(29)
"Narcotic drug" means any of the following, produced directly or indirectly by
extraction from substances of vegetable origin, independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
(A) opium and opiates, and a salt, compound, derivative, or preparation of
opium or opiates;
(B) a salt, compound, isomer,
derivative, or preparation of a salt, compound, isomer, or derivative that is chemically
equivalent or identical to a substance listed in Paragraph (A) other than the
isoquinoline alkaloids of opium;
(C) opium poppy and
poppy straw; or
(D) cocaine,
including:
(i) its
salts, its optical, position, or geometric isomers, and the salts of those isomers;
(ii) coca leaves and a salt, compound, derivative,
or preparation of coca leaves; and
(iii) a salt,
compound, derivative, or preparation of a salt, compound, or derivative that is
chemically equivalent or identical to a substance described by Subparagraph
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(i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain
cocaine or ecgonine.
(30) "Opiate" means a substance that has an addictionforming or addiction-sustaining liability similar to morphine or is capable of conversion into a
drug having addiction-forming or addiction-sustaining liability. The term includes its racemic and
levorotatory forms. The term does not include, unless specifically designated as controlled under
Subchapter B, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan).
(31) "Opium poppy" means the plant of the species
Papaver somniferum L., other than its seeds.
(32) "Patient" means a human
for whom or an animal for which a drug is administered, dispensed, delivered, or prescribed by a
practitioner.
(33) "Person" means an individual, corporation, government,
business trust, estate, trust, partnership, association, or any other legal entity.
(34)
"Pharmacist" means a person licensed by the Texas State Board of Pharmacy to practice
pharmacy and who acts as an agent for a pharmacy.
(35) "Pharmacist-in-charge"
means the pharmacist designated on a pharmacy license as the pharmacist who has the authority
or responsibility for the pharmacy's compliance with this chapter and other laws relating to
pharmacy.
(36) "Pharmacy" means a facility licensed by the Texas State Board
of Pharmacy where a prescription for a controlled substance is received or processed in
accordance with state or federal law.
(37) "Poppy straw" means all parts, other
than the seeds, of the opium poppy, after mowing.
(38) "Possession" means actual
care, custody, control, or management.
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(39) "Practitioner" means:
(A) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other
person licensed, registered, or otherwise permitted to distribute, dispense, analyze,
conduct research with respect to, or administer a controlled substance in the course of
professional practice or research in this state;
(B) a pharmacy,
hospital, or other institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled substance in the
course of professional practice or research in this state;
(C) a
person practicing in and licensed by another state as a physician, dentist, veterinarian,
or podiatrist, having a current Federal Drug Enforcement Administration registration
number, who may legally prescribe Schedule II, III, IV, or V controlled substances in
that state; or
(D) an advanced practice nurse or physician
assistant to whom a physician has delegated the authority to carry out or sign
prescription drug orders under Section 157.0511, 157.052, 157.053, 157.054, 157.0541,
or 157.0542, Occupations Code.
(40) "Prescribe" means the act of a
practitioner to authorize a controlled substance to be dispensed to an ultimate user.
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(41) "Prescription" means an order by a practitioner to a pharmacist for a controlled substance for a particular
patient that specifies:
(A) the date of issue;
(B) the name and address of the patient or, if the controlled substance is
prescribed for an animal, the species of the animal and the name and address of its owner;
(C) the name and quantity of the controlled substance prescribed with the quantity
shown numerically followed by the number written as a word if the order is written or, if the order is
communicated orally or telephonically, with the quantity given by the practitioner and transcribed by the
pharmacist numerically;
(D) directions for the use of the drug;
(E) the intended use of the drug unless the practitioner determines the
furnishing of this information is not in the best interest of the patient; and
(F) the legibly printed or stamped name, address, Federal Drug Enforcement Administration
registration number, and telephone number of the practitioner at the practitioner's usual place of business.
(42) "Principal place of business" means a location where a person manufactures,
distributes, dispenses, analyzes, or possesses a controlled substance. The term does not include a location
where a practitioner dispenses a controlled substance on an outpatient basis unless the controlled substance is
stored at that location.
(43) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(44) "Raw material" means a
compound, material, substance, or equipment used or intended for use, alone or in any combination, in
manufacturing a controlled substance.
(45) "Registrant" means a person who is
registered under Section 481.063.
(46) "Substitution" means the dispensing of a drug or a brand
of drug other than that which is ordered or prescribed.
(47) "Official prescription form"
means a prescription form that contains the prescription information required by Section 481.075.
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(48) "Ultimate user" means a person who has lawfully obtained and possesses
a controlled substance for the person's own use, for the use of a member of
the person's household, or for administering to an animal owned by the
person or by a member of the person's household.
(49)
"Adulterant or dilutant" means any material that increases the bulk or quantity
of a controlled substance, regardless of its effect on the chemical activity of
the controlled substance.
(50) "Abuse unit" means:
(A) except as provided by Paragraph (B):
(i) a single unit on or in any adulterant,
dilutant, or similar carrier medium, including marked or perforated blotter
paper, a tablet, gelatin wafer, sugar cube, or stamp, or other medium that
contains any amount of a controlled substance listed in Penalty Group 1-A, if
the unit is commonly used in abuse of that substance; or
(ii) each quarter-inch square section of paper, if the
adulterant, dilutant, or carrier medium is paper not marked or perforated into
individual abuse units; or
(B) if the controlled
substance is in liquid form, 40 micrograms of the controlled substance
including any
adulterant or dilutant.
(51) "Chemical precursor" means:
(A) Methylamine;
(B) Ethylamine;
(C) D-lysergic acid;
(D) Ergotamine tartrate;
(E) Diethyl malonate;
(F) Malonic acid;
(G) Ethyl malonate;
(H) Barbituric acid;
(I) Piperidine;
(J) N-acetylanthranilic acid;
(K) Pyrrolidine;
(L) Phenylacetic acid;
(M) Anthranilic acid;
(N) Ephedrine;
(O) Pseudoephedrine;
(P) Norpseudoephedrine; or
(Q) Phenylpropanolamine.
(52) "Department" means the Department of Public Safety.
(53) "Chemical laboratory apparatus" means any item of equipment
designed, made, or adapted to manufacture a controlled substance or a controlled substance analogue, including:
(A) a condenser;
(B) a distilling apparatus;
(C) a vacuum drier;
(D) a three-neck or distillingflask;
(E) a tableting machine;
(F) an encapsulating machine;
(G) a filter, Buchner, or separatory funnel;
(H) an Erlenmeyer, two-neck, or
single-neck flask;
(I) a round-bottom, Florence, thermometer, or filtering flask;
(J) a Soxhlet extractor;
(K) a transformer;
(L) a flask heater;
(M) a heating mantel; or
(N) an adaptor tube.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg.,
ch. 1100, § 5.02(b), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 351, § 27, eff. Sept. 1, 1993; Acts
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§ 481.003. RULES. (a) The director may adopt rules
to administer and enforce this chapter.
(b) The
director by rule shall prohibit a person in this state,
including a person regulated by the Texas Department
of Insurance under the Insurance Code or the other
insurance laws of this state, from using a practitioner's
Federal Drug Enforcement Administration number for
a purpose other than a purpose described by federal law
or by this chapter. A person who violates a rule
adopted under this subsection commits a Class C
misdemeanor.Added by Acts 1997, 75th Leg., ch. 745, §
3, eff.